teachers' professional agreement and classroom ... · 2 teachers’ professional agreement and...

Teachers’ Professional Agreement andClassroom Improvements (2017) Act

CHAPTER 1 OF THE ACTS OF 2017

as amended by

2018, c. 1, Sch. A, s. 151

© 2018 Her Majesty the Queen in right of the Province of Nova ScotiaPublished by Authority of the Speaker of the House of Assembly

Halifax

This page is intentionally blank.

CHAPTER 1 OF THE ACTS OF 2017amended 2018, c. 1, Sch. A, s. 151

An Act Respectinga Teachers’ Professional Agreement

and Classroom Improvements

Table of Contents

(The table of contents is not part of the statute)

Section

Short title........................................................................................................................................... 1Interpretation..................................................................................................................................... 2Deemed professional agreement ....................................................................................................... 3Commission on Inclusive Education to be established..................................................................... 4Membership of Commission............................................................................................................. 5Fees and expenses of members ......................................................................................................... 6Liaison to Commission ..................................................................................................................... 7Proposal for resources....................................................................................................................... 8Duties of Commission....................................................................................................................... 9Reports .............................................................................................................................................. 10No policy changes before report ....................................................................................................... 11Class Size Guidelines Policy remains in effect................................................................................. 12Sections of Education Act apply ....................................................................................................... 13Jurisdiction over constitutional questions ......................................................................................... 14Payment in lieu of service award ...................................................................................................... 15Regulations........................................................................................................................................ 16Schedule A - Amendments to Teachers’ Professional AgreementSchedule B - Class Size Guidelines Policy

__________

WHEREAS the education system of Nova Scotia is of vital importance andstudents have a right and a responsibility to participate fully in learning opportuni-ties;

AND WHEREAS following negotiations and consultations between theMinister of Education and Early Childhood Development and the Nova ScotiaTeachers’ Union, tentative agreements were reached on November 12, 2015, Sep-tember 2, 2016, and January 18, 2017;

AND WHEREAS each agreement was approved by the Union executive andrecommended to the members of the Union but rejected by a vote of the members ofthe Union;

AND WHEREAS following a 48-hour notice of strike as provided under theTeachers’ Collective Bargaining Act, the Union directed members to partially with-draw services from December 5, 2016 to January 23, 2017 and to resume partiallywithdrawing services on January 30, 2017;

AND WHEREAS negotiations, conducted in good faith, between the Minis-ter and the Union are at an impasse following the rejection of the most recent tenta-tive agreement;

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2 teachers’ professional agreement and classroom improvements (2017) 2017, c. 1

AND WHEREAS the education of the students in public schools and theright of students to participate fully in learning opportunities is being unduly dis-rupted by a prolonged labour dispute between the Union and the Minister;

AND WHEREAS in setting the terms for the professional agreement consti-tuted by this Act, the Government of Nova Scotia has taken into account the rep-resentations made by the Union in the negotiations and consultations;

AND WHEREAS the Minister and the Union are committed to inclusiveeducation and recognize that the current model of inclusive education needsimprovement to provide a quality education experience that satisfies the diverseneeds of all students;

AND WHEREAS the Minister and the Union have agreed to appoint a Com-mission to reform inclusive education in the Nova Scotia education system andidentify creative and sustainable solutions to the challenges faced in deliveringquality education for all students within an inclusive education model in whichteachers feel prepared and supported and children have a sense of belonging and arehelped to achieve their full potential;

AND WHEREAS the Minister and the Union agree that the Commissionshould recommend reforms to current policies related to inclusive education;

AND WHEREAS the Union and the Minister will immediately establish aCouncil to Improve Classroom Conditions that will identify teachers’ concerns andmake recommendations on systemic demands on teachers’ time that limit their abil-ity to facilitate student learning and success during the term of the Agreement:

Short title1 This Act may be cited as the Teachers’ Professional Agreement and

Classroom Improvements (2017) Act. 2017, c. 1, s. 1.

Interpretation2 (1) In this Act,

(a) “Commission” means the Commission on InclusiveEducation established under Section 4;

(b) “Minister” means the Minister of Education and EarlyChildhood Development;

(c) “parties” means the Minister and the Nova ScotiaTeachers’ Union;

(d) “service award” has the same meaning as in the PublicServices Sustainability (2015) Act.

(2) Words and expressions used but not defined in this Act havethe same meaning as in the Teachers’ Collective Bargaining Act. 2017, c. 1, s. 2.

Deemed professional agreement3 (1) The Teachers’ Provincial Agreement made on May 14, 2013,

between the parties, is amended in accordance with Schedule A to this Act.

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2017, c. 1 teachers’ professional agreement and classroom improvements (2017) 3

(2) The Teachers’ Provincial Agreement referred to in subsec-tion (1), as amended in accordance with Schedule A to this Act, is deemed to con-stitute a professional agreement entered into by the Minister as an employer andthe Union as the bargaining agent. 2017, c. 1, s. 3.

Commission on Inclusive Education to be established4 Within 30 days of the coming into force of this Act, the parties shall

establish a Commission on Inclusive Education to examine the current status ofinclusive education in public schools in the Province. 2017, c. 1, s. 4.

Membership of Commission5 (1) The membership of the Commission comprises

(a) two experts in the field of inclusive education, oneappointed by the Minister and the other appointed by the Union; and

(b) an independent chair jointly appointed by the partieswho must be appropriately qualified in the field of inclusive educa-tion.

(2) No person who is a member of the Union or who is employedby either party may serve as a member of the Commission. 2017, c. 1, s. 5.

Fees and expenses of members6 (1) The Minister shall pay the fees and expenses of the chair of

the Commission and the member of the Commission appointed by the Minister.

(2) The Union shall pay the fees and expenses of the member ofthe Commission appointed by the Union. 2017, c. 1, s. 6.

Liaison to Commission7 (1) The parties shall each appoint a liaison to the Commission.

(2) The Commission may utilise the liaisons as it considers neces-sary. 2017, c. 1, s. 7.

Proposal for resources8 (1) Subject to subsection (2), where the Commission requires

resources, including staff support, the Commission may make a proposal to the par-ties and, upon the proposal being jointly approved by the parties, the cost of obtain-ing the resources shall be shared equally by the parties.

(2) Where the resources referred to in subsection (1) include stafffrom either party, the party employing the staff is responsible for the costs of thestaff. 2017, c. 1, s. 8.

Duties of Commission9 (1) The Commission shall

(a) provide a research-based overview of the current prac-tice and policy of inclusive education with respect to students in thepublic schools operated by each school board in the Province;

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(b) conduct a comprehensive literature review of inclusiveeducation;

(c) identify the challenges educators face in implementinginclusive education;

(d) identify potential areas of improvement in Provincialand school board policies related to inclusive education;

(e) after conducting a provincial, national and interna-tional research review, identify and recommend best practices for theimplementation of inclusive education;

(f) provide recommendations on how the implementationof inclusive education can be improved, including recommendationsrespecting

(i) funding,

(ii) resources and resource allocation and accounta-bility,

(iii) professional development,

(iv) alignment of initiatives, and

(v) a mechanism for the regular review of inclusiveeducation;

(g) identify areas that would benefit from further investi-gation; and

(h) develop a comprehensive strategic plan that includesmeasurable education goals for implementing inclusive educationand specific recommendations for improving teaching and learningconditions in support of the goals.

(2) The Commission shall consult with the parties, personsemployed in the Department of Education and Early Childhood Development,school boards and any other relevant persons, including teachers, students and par-ents and guardians, as the Commission considers necessary. 2017, c. 1, s. 9.

Reports10 (1) The Commission shall issue an interim report, including rec-

ommendations, to the parties on or before June 30, 2017.

(2) The Commission shall issue a final report to the parties withinone year after the appointment of the members of the Commission.

(3) Upon receiving a report of the Commission under subsec-tion (1) or (2), the parties shall forthwith submit a copy of the report to the Coun-cil to Improve Classroom Conditions established under the professionalagreement constituted by this Act. 2017, c. 1, s. 10.

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No policy changes before report11 Except for changes recommended in the interim report, until three

months following the receipt by the parties of the Commission’s final report or untilsuch other time to which the parties may agree,

(a) the Minister may not make changes to the Provincial SpecialEducation Policy and any policies related to inclusive education; and

(b) a school board may not make changes to any school boardpolicy respecting inclusive education. 2017, c. 1, s. 11.

Class Size Guidelines Policy remains in effect12 The Class Size Guidelines Policy set out in Schedule B to this Act

remains in effect for the schools years 2017-18 and 2018-19. 2017, c. 1, s. 12.

Sections of Education Act apply13 Notwithstanding any right in the Teachers’ Collective Bargaining

Act, Sections 42 and 45 of the Education Act apply when schools are in sessionwhile teachers are present. 2017, c. 1, s. 13; 2018, c. 1, Sch. A, s. 151.

Jurisdiction over constitutional questions14 No arbitrator or arbitration board established under any Act of the

Legislature or in accordance with a collective agreement and no board or tribunal,including the Labour Board established under the Labour Board Act, has jurisdic-tion to

(a) determine the constitutional validity or constitutional applica-bility of this Act; or

(b) determine whether a right conferred, recognized, affirmed orotherwise guaranteed by the Constitution of Canada has been infringed bythis Act. 2017, c. 1, s. 14.

Payment in lieu of service award15 (1) During the period established by regulation, any person who

has accrued service respecting a service award may elect, within the period and inthe manner prescribed by regulation, to be paid an amount determined in accord-ance with a formula set out in the regulations.

(2) Where a person referred to in subsection (1) makes an electionunder subsection (1), the person is to be paid the amount payable under that subsec-tion and, upon being paid, ceases to be eligible to receive any service award withrespect to that service. 2017, c. 1, s. 15.

Regulations16 (1) The Governor in Council may make regulations

(a) respecting the period within and the manner by whichan election under subsection 15(1) may be made;

(b) establishing a formula by which an amount payableunder subsection 15(1) is determined;

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(c) defining any word or expression used but not definedin this Act;

(d) further defining any word or expression defined in thisAct;

(e) respecting any matter or thing the Governor in Councilconsiders necessary or advisable to effectively carry out the intentand purpose of this Act.

(2) The exercise by the Governor in Council of the authority con-tained in subsection (1) is a regulation within the meaning of the Regulations Act.2017, c. 1, s. 16.

SCHEDULE A

AMENDMENTS TOTEACHERS’ PROFESSIONAL AGREEMENT

1 Article 5.01(v) is replaced with the following Article:

(v) planning and controlling the quality of educational programs andservices.

2 The title of Article 6 is replaced with the following title:

ARTICLE 6 DISCRIMINATION, INTIMIDATION, RESPECTFULWORKPLACE AND LEARNING ENVIRONMENT

3 Article 6.03 is replaced with the following Article:

6.03 Neither the Employer nor School Board nor any person acting onbehalf of the Employer or School Board shall discriminate againstany teacher on the basis of the prohibited grounds as set out underthe Nova Scotia Human Rights Act.

4 Article 8 is replaced with the following Article:

8.01 The Employer and School Boards shall post an electronic version ofthis Agreement for teachers in the bargaining unit as soon as possibleafter the coming into effect of this Agreement.

8.02 The Employer shall, upon request by the Union, provide up to twothousand (2000) copies of this Agreement to the Union.

5 Article 9A.05 is replaced with the following Article:

9.05 Within sixty (60) days of the coming into effect of this Agreementthe Committee shall meet and determine its operating procedures.

6 Article 11.01(xv) is replaced with the following Article:

(xv) report immediately to the principal the existence of any infectious orcontagious disease in the school or the existence of any unsanitarycondition in the school buildings or surroundings, and perform suchduties as are from time to time prescribed by or under the HealthProtection Act;

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ARTICLE 12 TEACHER’S PERSONNEL EMPLOYMENT FILE

12.01 (i) Each School Board office shall maintain an Official Person-nel Employment File of every teacher under its employ.Such file, which shall be designated as the Official Person-nel Employment File, shall be kept at the general office ofeach School Board and shall be available to the teacher forviewing in the general office, upon request to the Directorof Human Resources, during the regular business hours ofthe said offices. The file shall also be available to theteacher’s representative upon presentation of a letter ofauthorization to the Director of Human Resources.

(ii) Access to the file shall be restricted to the School Board’ssenior administrators, the teacher and/or the teacher’s repre-sentative(s); and such others as may be approved by amotion of the School Board.

(iii) Pursuant to (ii), the names and dates of those who haveaccessed the file, as a result of a School Board motion, shallbe recorded in the file.

(iv) A teacher’s medical records shall be stored in a sealedenvelope or in a separate secure medical file.

12.02 The Employer and the School Board agree not to introduce as evi-dence in any proceeding involving a teacher, any document from thefile of the teacher, the contents of which the teacher was not aware ofat the time of filing.

12.03 (i) When a teacher evaluation is entered in the teacher’s Offi-cial Personnel Employment File, the teacher shall acknowl-edge that the teacher has had the opportunity to review suchevaluation by signing the copy to be filed, with theexpressed understanding that the teacher’s signature doesnot necessarily indicate agreement with the contents. Theteacher shall be permitted to attach comments related to theevaluation.

(ii) Notwithstanding 12.03 (i), in the event a teacher refuses tosign a teacher evaluation, the evaluation will be entered inthe teacher’s Official Personnel Employment File with awitnessed notation that the teacher has refused to sign theevaluation.

12.04 (i) Before any comment, note, or other report is entered in theteacher’s Official Personnel Employment File, the teachershall be given an opportunity to review such document, andshall be given an opportunity to attach comments related tothe comment, note or report.

(ii) Teachers may enter any comment, note or report in theirOfficial Personnel Employment File, whether written bythemselves or by a person in a supervisory position.

12.05 Upon termination of employment, the teacher’s Official PersonnelEmployment File shall become an inactive file and shall remain theproperty of the School Board.

12.06 Except for a teacher evaluation, any unfavourable report entered inthe teacher’s Official Personnel Employment File shall be removedfrom the active file after the material has been on file for four (4)years, provided that no further disciplinary action has been recorded

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during this time; or may be removed in a lesser period if, in the opin-ion of the Superintendent, the teacher’s performance warrants same.

12.07 If a teacher alleges the comments on file are untrue or inaccurate andthe request for the removal of such comments is denied by theSchool Board, the teacher may grieve using the grievance procedurein the Local Agreement.


ARTICLE 18 TEACHING EXPERIENCE

18.01 To determine a teacher’s experience for salary increments for aschool year, the teacher’s total service shall be determined as of thefirst (1st) day of August of the academic school year in which theteacher applied for the recognition of service and submitted all therequired documentation.

18.02 Should a teacher with partial years service complete the require-ments as set forth in 18.03 or 18.04 before January 1 of any schoolyear, the teacher shall be entitled to an automatic revision of incre-ment effective January 1 of that school year.

18.03 If a teacher teaches or claims one hundred seventy-five (175) teach-ing days in the period January 1 to December 31, 1981, or any calen-dar year thereafter and is not eligible to receive a salary increment inAugust of the same calendar year, this service shall be deemed to bethe equivalent of one hundred ninety-five (195) days for incrementpurposes and the teacher shall be eligible for an increment revisionpursuant to 18.02.

18.04 In computing the number of years of a teacher’s service, any schoolyear in which the teacher was engaged in teaching for one hundredseventy-five (175) days or more, including days deemed claimabledays, shall count as one (1) school year.

18.05 If a teacher is or has been engaged in teaching for less than one hun-dred seventy-five (175) days, including days deemed claimable daysin any years of two (2) or more school years, the number of schoolyears that may be counted shall be the whole number in the quotientof the total number of days on which the teacher was so engaged insuch years, divided by the prescribed number of days in the teachingyear in which the service was rendered.

18.06 Notwithstanding 18.05 herein, any teacher in a job-sharing situation,pursuant to Article 33.01(ii)(a) shall be eligible, for increment pur-poses, to count one hundred seventy-five (175) days taught andclaimed in a two (2) consecutive instructional year period.

9 Article 25 is amended by

(a) adding the following immediately after Article 25.05(i):

(ia) one hundred and twenty (120) minutes of the first day fororganization purposes of the school year shall be uninter-rupted time allocated for professional duties as determinedby the teacher.

(b) replacing Article 25.10 with the following Article:

25.10 School holidays include Labour Day, Thanksgiving Day,Heritage Day, Good Friday, Easter Monday, Victoria Day,the day fixed by proclamation for observance of the birth-day of the reigning sovereign, and Remembrance Daywhere Remembrance Day falls on a teaching day.

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10 Article 26.07(iv) is replaced by the following Article:

(iv) The adjudicator will be chosen by the parties. If agreement is notpossible the parties will request the Minister responsible for Labourto appoint an adjudicator.

11 Article 27.04 is replaced by the following Article:

27.04 A teacher shall produce, when so requested by the Director ofHuman Resources a certificate from a legally qualified medical prac-titioner or licensed midwife specifying the date upon which deliverywill occur, in the opinion of the medical practitioner or licensed mid-wife.


28.01 The Director of Human Resources shall grant a teacher unpaid leave,to be taken in blocks of not less than two weeks. Entitlement to theleave shall be consistent with the Compassionate Care provisions ofthe Employment Insurance Act and Regulations.


29.02 The leave may be divided as follows:

(i) one (1) day within one (1) week of the date of birth;

(ii) the remainder of the leave shall be granted within six (6)weeks of the date of birth.


32.02 A Effective on and after August 1, 2015, substitute teachersshall be paid a daily rate of pay based on Schedule D1 ofthis Agreement as follows:

(i) Sixty-seven percent (67%) of an ITC/TC5 StepOne divided by one hundred and ninety-five (195).

(ii) Notwithstanding Article 32.02A(i) a substituteteacher who has been employed for more thaneighteen (18) consecutive teaching days to take theplace of the same regular teacher is to be classifiedas a regular teacher for salary purposes for all daysemployed beyond eighteen (18) days in that schoolyear.

B Effective on and after August 1, 2016, substitute teachersshall be paid a daily rate of pay based on Schedule D2 ofthis Agreement as follows:


(ii) Notwithstanding Article 32.02B (i) a substituteteacher who has been employed for more thaneighteen (18) consecutive teaching days to take theplace of the same regular teacher is to be classifiedas a regular teacher for salary purposes for all daysemployed beyond eighteen (18) days in that schoolyear.

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C Effective on and after August 1, 2017, substitute teachersshall be paid a daily rate of pay based on Schedule D3 ofthis Agreement as follows:


(ii) Notwithstanding Article 32.02C(i) a substituteteacher who has been employed for more thaneighteen (18) consecutive teaching days to take theplace of the same regular teacher is to be classifiedas a regular teacher for salary purposes for all daysemployed beyond eighteen (18) days in that schoolyear.

D Effective on and after August 1, 2018, substitute teachersshall be paid a daily rate of pay based on Schedule D4 ofthis Agreement as follows:


(ii) Notwithstanding Article 32.02D(i) a substituteteacher who has been employed for more thaneighteen (18) consecutive teaching days to take theplace of the same regular teacher is to be classifiedas a regular teacher for salary purposes for all daysemployed beyond eighteen (18) days in that schoolyear.

E Effective on July 31, 2019, substitute teachers shall be paida daily rate of pay based on Schedule D5 of this Agreementas follows:

(i) Sixty-seven percent (67%) of an ITC/TC5 StepOne divided by one hundred and ninety five (195).

(ii) Notwithstanding Article 32.02E(i) a substituteteacher who has been employed for more thaneighteen (18) consecutive teaching days to take theplace of the same regular teacher is to be classifiedas a regular teacher for salary purposes for all daysemployed beyond eighteen (18) days in that schoolyear.

For greater certainty, no substitute teacher shall receive adaily rate of pay greater than the rates provided for in thisArticle 32.02, whichever rate is applicable, for days thesubstitute teacher is employed by a School Board, but shallotherwise be entitled to the benefit of the other provisionsof this Article 32.

15 (1) Article 42.03 is amended by replacing all references to “Minister of Envi-ronment and Labour” with “Minister responsible for Labour”.

(2) Article 42.03 is further amended by replacing “the signing date of thisagreement” in the first and second lines of subclause 42.03(a)(iii) with “the coming into effect of thisAgreement”.

16 Article 43 is replaced by the following Article:

ARTICLE 43 SALARY

43.01 A

(i) For the period August 1, 2015 to July 31, 2016,

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salaries for all teachers shall be in accordance withthe salary schedules set forth in Schedule D1hereto, which schedule shall be deemed to be partof this Agreement.

(ii) To calculate the annual salary for the academicschool year beginning on August 1, 2015, theappropriate salary from Schedule D1 shall bedivided by one hundred ninety-five (195) and mul-tiplied by the number of school days taught andclaimed from August 1, 2015 to July 31, 2016,both dates inclusive.

43.01 B

(i) For the period August 1, 2016 – July 31, 2017 sal-aries for all teachers shall be in accordance withthe salary schedule set forth in Schedule D2hereto, which schedule shall be deemed to be partof this Agreement.

(ii) To calculate the annual salary for the academicschool year beginning on August 1, 2016, theappropriate salary from Schedule D2 shall bedivided by one hundred ninety-five (195) and mul-tiplied by the number of school days taught andclaimed from August 1, 2016 – July 31, 2017, bothdates inclusive.

43.01 C



43.01 D



43.01 E

(i) Effective on July 31, 2019 salaries for all teachersshall be in accordance with the salary schedule set

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forth in Schedule D5 hereto, which schedule shallbe deemed to be part of this Agreement.

(ii) To calculate the salary on July 31, 2019, the appro-priate salary from Schedule D5 shall be divided byone hundred ninety-five (195).

43.02 In addition to the salaries referred to in 43.01, supervisory personnelshall be paid for the periods August 1, 2015 – July 31, 2016, August1, 2016 – July 31, 2017, August 1, 2017 – July 31, 2018, August 1,2018 – July 30, 2019 and for July 31, 2019, additional salary (super-visory allowance) in accordance with the provision of Schedules E1,E2, E3, E4 and E5 hereto which schedules shall be deemed to be apart of this Agreement. The calculation of the supervisory allowanceshall be as in 43.01 A, B, C, D and E (i) and (ii), but using SchedulesE1, E2, E3, E4 and E5.

43.03 A teacher who is required by the School Board to perform the dutiesof a higher paid position on an acting basis, shall, after ten (10) con-secutive days, be paid acting pay calculated on the date the teachercommenced to act as if the teacher had been appointed to that higherpaid position for the period for which the teacher acts.

43.04 If in the school year, the calculation of the number of days taught andclaimed determines that the teacher at the time of the teacher’s deathhad received more salary than was owing according to number ofdays taught and claimed, all claims to recovery of such overpaymentshall be waived.

43.05 The following provisions shall apply to teachers holding and beingpaid in accordance with a vocational teachers’ permit or certificate:

(i) When a teacher is employed on a vocational teaching per-mit “A”, the employer may place the teacher on any posi-tion on the scale relating to VTP “A”. The teacher shallcontinue to receive the yearly increment until such time asthe maximum position on the scale is reached.

(ii) When a teacher who holds a VTP “A” receives a change incertification, the teacher shall be paid the applicable salaryin accordance with Schedules D1, D2, D3, D4 and D5 pro-vided that the annual rate of salary is not less than theannual rate of salary to which the teacher was entitled hadno change in certification occurred.

43.06 The salary for a teacher holding a Bridging Teacher’s Certificateshall be one salary level lower than the salary level applicable to theclass of certificate that shall be granted to the teacher upon comple-tion of the pre-service content and professional requirements for anInitial Teacher’s Certificate, identified by the Employer pursuant tothe Governor in Council Education Act Regulations at the time theEmployer grants the Bridging Teacher’s Certificate to the teacher.

43.07 (i) For purposes of determining the additional salary paid tosupervisory personnel in accordance with the schedules setforth in Schedules E1, E2, E3, E4 and E5 hereto, each regu-larly employed teacher shall be counted as provided in (ii).

(ii) Regularly employed teacher shall mean, for purposes ofSchedules E1, E2, E3, E4 and E5

• Full time teachers

• Term contract teachers prorated to full time equiva-lency but shall not include teachers who are on leavefor the full school year.

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(iii) The number of teachers to be included for purposes ofSchedules E1, E2, E3, E4 and E5 hereto shall be deter-mined on the last teaching day of September of each year.


ARTICLE 49 DISTRIBUTED LEARNING

49.01 It is recognized that in order to fully prepare students for the future,all students need to have access to distributed learning opportunitiesthroughout their public education experience.

49.02 Distributed learning is a method of instruction that relies primarilyon communication between students and teachers through the inter-net or other electronic-based delivery, teleconferencing, video con-ferencing or e-correspondence. It allows teachers, students, andcontent to be located in different, non-centralized locations so thatinstruction and learning can occur independent of time and place.

49.03 All distributed learning courses provided by a School Board shall betaught by certified teachers under contract with a School Board in aform approved under this Agreement.

49.04 The participation of a teacher in a distributed learning course shallbe part of the teacher’s regular assignment and shall not infringeupon the teacher’s access to marking and preparation time, lunchperiods, days pursuant to Article 25.05, School Year, or other suchtimes provided to classroom teachers in the school.

49.05 The School Board shall provide that each school participating in adistributed learning course will ensure that a student supervisionplan is in place. This plan shall include the name of the teacher orteachers responsible for ensuring that the students in the distributedlearning class are supervised while at school.

49.06 Each receiving site shall designate a teacher to coordinate distributedlearning within the school. The role of the coordinating teacher shallbe, as required:

(i) to make resources available, when needed, and designate aplace where resources are to be stored;

(ii) to monitor student progress with the understanding that thedistributed learning teacher is responsible for student evalu-ation;

(iii) to coordinate the availability of tutorial help for studentswhen requested;

(iv) to ensure that student assignments and evaluations are sentto the delivery site and distributed when returned, whereappropriate;

(v) to maintain regular contact with the teacher delivering dis-tributed learning;

(vi) to maintain accurate registration records for distributedlearning students;

(vii) to coordinate evaluation schedules under the direction ofthe distributed learning teacher;

(viii) to assist in dealing with parental enquiries and concerns asthey arise.

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The assignment shall be part of the co-ordinating teacher’s regularassignment and shall not infringe upon the co-ordinating teacher’saccess to marking and preparation time, lunch periods, days pursuantto Article 25.05, School Year, or other such times provided to class-room teachers in the school.

49.07 Where the same course is offered within the school and fits a stu-dent’s timetable, students shall require approval from the Director ofPrograms, or designate from the Board office, before taking the dis-tributed learning course.

49.08 The maximum number of students permitted in a distributed learningcourse shall be twenty-five (25).

49.09 Teachers participating in distributed learning programs shall be pro-vided with access to ongoing professional development in distrib-uted learning. Consideration shall be given to providing professionaldevelopment activities as part of in-service days pursuant to Article25 of this Agreement. Necessary costs for School Board approvedprofessional development activities shall be paid by the SchoolBoard and may be claimed subject to Article 60 Professional Devel-opment Fund of this Agreement.

49.10 (i) The structure of the school day for a teacher assigned toteach distributed learning, whether synchronous or asyn-chronous, may be different but equivalent to the length ofschool day for teachers assigned to teach non-distributedlearning courses.

(ii) Any changes to the structure of the school day pursuant to(i) which impacts an individual teacher teaching distributedlearning shall not occur without the agreement of theteacher. Should the Employer determine that the structureof the school day is to be different from what was assigned,should the distributed learning teacher decline the change,the Employer may still proceed with the change, in whichcase local provisions would apply to that teacher.

49.11 (i) Teachers in schools which transmit distributed learningcourses shall have the option to request a distributed learn-ing assignment.

(ii) A notice of assignment involving distributed learning shallbe subject to assignment provisions in the Local Agree-ment.

49.12 A standing Distributed Learning Committee consisting of two (2)representatives from the Department of Education and Early Child-hood Development, two (2) representatives from School Boards andfour (4) representatives from the Union shall be established toaddress issues surrounding the ongoing development of distributedlearning. The Committee shall meet at the request of either theDepartment of Education and Early Childhood Development orUnion but in any event not less than twice a year and provide a writ-ten report to the parties bound by this Agreement.

Without limiting the scope of the Committee, the following areexpected topics:

- The application of reasonably equivalent hours of work

- Appropriate time and resources for those teaching distributedlearning courses

- Professional development

- Technological change

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18 (1) Article 58.02 is amended by replacing “signing of this Collective Agree-ment” in the third and last lines with “coming into effect of this Agreement”.

(2) Article 58.05 is amended by replacing “signing of this agreement” in thelast line with “coming into effect of this Agreement”.

19 (1) Article 59.01 is amended by replacing “signing of this Agreement” in thesecond and last lines with “coming into effect of this Agreement”.

(2) The following Article is added immediately after Article 59.04:

59.05 A teacher who is required by the Principal to fill in when asubstitute is not hired pursuant to Article 32.23 (SubstituteTeachers) of this Agreement shall have the lost marking andpreparation time rescheduled within ten (10) school days.


(a) replacing Article 60.01 with the following Article:

60.01 (i) Commencing with the 2015/2016 fiscal year theMinister shall allocate annually to each SchoolBoard funds for a Professional Development Fund(the Fund) as follows:

(a) Annapolis Valley Regional School Board- $751,854

(b) Cape Breton-Victoria Regional SchoolBoard - $877,122

(c) Chignecto-Central Regional SchoolBoard - $1,063,163

(d) Conseil scolaire acadien provincial -$225,526

(e) Halifax Regional School Board -$2,004,841

(f) South Shore Regional School Board -$482,468

(g) Strait Regional School Board - $504,194

(h) Tri-County Regional School Board -$457,375

(ii) Effective the 2016/2017 fiscal year funds in60.01(i) will change according to the change in theConsumer Price Index [CPI Nova Scotia all items(2002 = 100)] for December 2015 over December2014 and each year thereafter accordingly.

(iii) (a) Notwithstanding 60.01(ii), effective the2017/2018 fiscal year up to one-half ofany increase in the Consumer Price Index[CPI Nova Scotia all items (2002-100)]for the total fund for December 2016 overDecember 2015 and each year thereafteraccordingly shall be allocated to the Con-seil scolaire acadien provincial until theConseil scolaire acadien provincial allo-cation is $400,000.00.

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(b) Notwithstanding 60.01(ii), effective the2017/2018 fiscal year, fiscal year funds in60.01(i) will change according to thechange in the Consumer Price Index [CPINova Scotia all times (2002 = 100)] forDecember 2016 over December 2015 andeach year thereafter accordingly less theportion in 60.01(iii)(a) until the Conseilscolaire acadien provincial allocation is$400,000.00.

(b) adding the following after Article 60.11:

60.11A A teacher must inform the Committee of any othersources of funding/remuneration for expenses covered bythis Fund and the reimbursement from the Fund shall beaccordingly reduced.

(c) adding the following after Article 60.23:

60.23A Where a teacher is unable to continue to fulfill theapproved educational leave, the teacher must inform theCommittee as soon as possible and provide the reasons tothe Committee.

and

(d) adding the following after Article 60.29:

60.29A Where a teacher is unable to continue to fulfill theapproved educational leave, the teacher must inform theCommittee as soon as possible and provide the reasons tothe Committee.


(a) adding the following after Article 61.02:

61.02A Notwithstanding Article 61.02, the years of service usedto calculate the amount of the Service Award/Death Ben-efit under that article shall be years of service up to July31, 2015. However, for greater certainty, the salary usedto calculate the Service Award/Death Benefit shall be theannual rate of salary applicable to the teacher accordingto the teaching certificate and experience, including anyadministrative allowance, on the last day of employment.

(b) replacing Article 61.05 with the following Article:

61.05 The service award/death benefit shall be calculated at arate of one percent (1.00%) for each year of service to amaximum of thirty (30) years of service up to July 31,2015, multiplied by the annual rate of salary applicable tothe teacher according to the teaching certificate and expe-rience, including any administrative allowance, on thelast day of employment.

and

(c) replacing “signing of the collective agreement” in the fourth andlast lines of Article 61.08 with “the coming into effect of thisAgreement”.

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22 The following Articles are added immediately after Article 68:

ARTICLE 68A ASSESSMENT

68A.01 When a classroom teacher is required to perform Provincial or Boardmandated student assessments that require extended one-on-onestudent-teacher time, including, but not limited to, Oral ReadingAssessments and Observation Surveys, supervision of the remainingstudents shall be provided by a substitute teacher unless the hiring ofa substitute teacher is not operationally required. The obligation tohire a substitute shall be deemed to have been met in the event a sub-stitute is not available after the Employer has made every reasonableeffort to hire a substitute.

ARTICLE 68B WORKING CONDITIONS

68B.01 The parties under this Agreement recognize the importance of thesystems, policies and structure of the school system to create a work-place and learning environment that supports teachers to carry outtheir duties pursuant to the Teachers’ Provincial Agreement. Theparties acknowledge the right of the Minister and School Boards,subject to any Professional Agreements with the NSTU, to establishsystems, policies and structures in their respective jurisdiction ofNova Scotia’s public education system.

68B.02 A teacher(s) who considers a system, policy or structure as causing asignificant barrier(s) to carrying out the teacher’s duties may reportthe facts of the situation in writing to their immediate supervisorwho shall investigate, take appropriate action, and report theresponse in writing within fifteen (15) days to the teacher(s).

68B.03 If the immediate supervisor is unable to resolve the concerns of theteacher(s), the teacher(s) and/or the immediate supervisor mayreport, in writing, the facts of the situation to a Working ConditionsReview Team. The Working Conditions Review Team shall com-prise a representative designated by the Superintendent, and a repre-sentative designated by the Union.

68B.04 The Working Conditions Review Team shall meet with theteacher(s) and the immediate supervisor within ten (10) days toreview the teacher’s written concerns. The teacher(s) may be accom-panied by a representative of the Union.

68B.05 The Working Conditions Review Team shall examine all optionsavailable within the Board and make recommendations within fif-teen (15) days of the meeting with the teacher(s) and the immediatesupervisor or such longer period as may be agreed by the Union andthe School Board representative. The recommendation(s) of theWorking Conditions Review Team shall be reported to a designate ofsenior staff of the Board as determined by the Superintendent, with acopy to the teacher(s) and the immediate supervisor.

68B.06 The senior staff designate of the Board will review and assess therecommendation(s) of the Review Team and will report back withinten (10) days to the Review Team to identify which recommenda-tions will be implemented, if any, and will provide status updateswhen accepted recommendations have been implemented. The sen-ior staff member’s decision as to whether or not to implement therecommendation(s) is non-grievable.

68B.07 In the event that the senior staff designate is unable to agree with therecommendations of the Working Conditions Review Team and theteacher(s) remains dissatisfied, the teacher(s) may refer the matter tothe Union. Where the Union considers the matter to be systemic innature, the Union may refer the matter to the co-chairs of Council to

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improve Classroom Conditions for consideration of placement onthe agenda of the Council.

ARTICLE 68C COUNCIL TO IMPROVE CLASSROOM CONDITIONS

68C.01 The parties to this Agreement shall, within fourteen (14) days of thecoming into effect of this Agreement, establish a Council to ImproveClassroom Conditions (“Council”) consisting of

(a) a Co-Chair appointed by the Department of Education andEarly Childhood Development;

(b) a Co-Chair appointed by the Nova Scotia Teachers’ Union;

(c) three (3) other members appointed by the Department ofEducation and Early Childhood Development; and

(d) nine (9) other members appointed in accordance with Arti-cle 68C.02.

68C.02 (1) The Department of Education and Early Childhood Devel-opment shall, upon the coming into effect of this agree-ment, invite teachers from all School Boards to submitexpressions of interest to be appointed as members of theCouncil.

(2) The superintendents of the School Boards shall collectivelyconsider any expressions of interest made under Article68C.02(1) and appoint to the Council

(a) three (3) elementary school teachers;

(b) three (3) junior high school teachers; and

(c) three (3) senior high school teachers.

(3) In making appointments under this Article, the superinten-dents shall consider cultural and regional representation.

(4) Appointments made pursuant to this Article have a term ofup to two (2) years.

68C.03 The Co-Chairs shall jointly report to the parties the agreed recom-mendations of the Council.

68C.04 The purpose and mandate of the Council is to identify the concernsof teachers and to study and make recommendations to the Depart-ment and/or School Boards for implementation on systemic demandson teachers’ time that may limit teachers’ ability to facilitate studentlearning and success.

68C.05 (i) The co-chairs shall annually appoint, by mutual agreement,a neutral facilitator, whose role is to assist the parties ineffective dialogue.

(ii) The facilitator shall attend all meetings of the Councilunless the Co-Chairs mutually agree otherwise.

(iii) The initial facilitator shall be appointed as soon as possiblefollowing the establishment of the Council.

(iv) Annual appointment of the facilitator shall occur by August15th of each year.

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(v) Costs of the facilitator shall be borne by the Department ofEducation and Early Childhood Development.

68C.06 (i) The Council shall meet, at a minimum, monthly during theschool year unless the parties determine otherwise.

(ii) The co-chairs shall set the meeting dates for each schoolyear by August 15th of the school year.

(iii) The co-chairs shall set the agenda for each meeting at leasttwo (2) weeks prior to the meeting.

(iv) In the first year of implementation, the Council shall meetwithin 14 days of the establishment of the Council.

68C.07 Studies on any identified issues shall be completed within six (6)months of the issue first being discussed by the Council or suchother time period as the Council may deem appropriate. Studies willbe conducted by the Council directly or by a working group struckthrough the Council. Recommendations will be made on the basis ofconsensus. In the event that the Council cannot reach consensus,recommendations may be made with the agreement of both Co-Chairs.

68C.07A In the event that the Co-Chairs cannot agree on a recommendation inaccordance with Article 68C.07, the Council may, by majority vote,request that the facilitator determine whether any dispute or barriershould be forwarded to an arbitrator in accordance with this Article.Where the facilitator determines that all reasonable attempts havebeen exhausted to form a recommendation, the facilitator shall for-ward the dispute to the arbitrator as set out below.

(i) The decision of the arbitrator shall be final and bindingupon all parties concerned.

(ii) The arbitrator shall not reach any decision inconsistent withthe terms and conditions of this Agreement, nor alter,amend, or modify any of the provisions thereof.

(iii) The Co-Chairs shall, within two weeks of the establishmentof the Council and thereafter annually, agree on a list ofthree arbitrators.

(iv) The arbitrator shall be mutually agreed on by the Co-Chairsfrom the list of 3 arbitrators identified in (iii), or if the Co-Chairs cannot agree, the arbitrator shall be chosen by drawfrom the list of 3 arbitrators.

(v) The arbitrator shall not have the authority to create, change,alter or modify policy. Creation of policy is within theexclusive jurisdiction of the Minister or School Boards asappropriate. Notwithstanding the foregoing, in any disputeconcerning the interpretation, application, and administra-tion of existing policy, the arbitrator has the jurisdiction tointerpret and apply the policy to the systemic conditionsthat gave rise to the issues.

(vi) Matters referred to arbitration shall be heard on an expe-dited basis, with a hearing or submissions within 30 days ofthe referral. The arbitrator shall have full authority over theprocess.

(vii) The arbitrator has no authority with respect to expenditureof monies unless

a. the specific expenditure proposal was presented tothe Council pursuant to Article 68C.08 or 68C.09;

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b. the proposal does not cause the Council to exceedany annual budget that may be established by theMinister for the Council; and

c. the specific expenditure proposal does not exceed$500,000 in a school year.

(viii) The arbitrator shall render a decision within 30 days ofreceipt of submissions, or such other period as the partiesmutually agree.

(ix) Costs of the arbitrator shall be shared by the parties to thisAgreement.

68C.08 While not limiting the general mandate of the Council, the Employerand the Union have agreed on a number of priority issues they wishthe Council to consider. The following areas shall comprise theCouncil’s initial focus:

(a) Data collection and reporting

(b) Assessment and evaluation

(c) The feasibility of moving one or two of the Article 25.05(ii) pupil evaluation, classification and administrative daysto a period(s) in the school year immediately prior to thepreparation of report cards

(d) Student attendance policy(s)

(e) Technology and work processes, including Powerschooland TIENET

(f) Scope of practice for teachers

(g) Planning for student success

(h) Complex classrooms

(i) Class sizes, all levels

(j) Student discipline policy(s).

68C.09 The Council shall develop a process to identify any additional prior-ity areas which may be added, provided they are systemic in nature,for consideration by the Council. Examples may include identifiedtrends and systemic issues from the Class Climate Review Teamsand/or the Working Conditions Review Teams.

68C.10 (1) The Council shall consider as an immediate priority at itsfirst meeting items 68C.08(a) to (e).

(2) The Council shall make recommendations respecting theareas referred to in 68C.10(1) by April 28, 2017.

23 Article 69.01 is replaced with following Article:

69.01 This Agreement shall be in full force and effect for a term beginningAugust 1, 2015 and ending on July 31, 2019 or until a new agree-ment is reached in accordance with the Teachers’ Collective Bar-gaining Act.

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24 Letter of Understanding No. 4, respecting the Implementation Date, is amendedby

(a) replacing “November 10, 2011” with “May 14, 2013”;

(b) replacing “August 1, 2012” with “August 1, 2015”; and

(c) replacing “date of signing of this Agreement” with “date this Agreementcomes into effect”.

25 Letter of Understanding No. 5, respecting the Joint Committee (re:Teacher Evaluation), is deleted.

26 Letter of Understanding No. 7, respecting Marking and Preparation, isdeleted.

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27 Schedules D1 to D4 and E1 to E3 are replaced with the following Schedules:

Schedule D1August 1, 2015 - July 31, 2016

VTCII VTCIPosition TCM VTCII I V

on Year of TC1 VTC1 TC5 TC6 TC7 TC8Scale VTPA Teaching TC2 TC3 TC4 ITC ATC1 ATC2 ATC3

1 46118 1 46921 46921 46119 51711 57833 62940 67784

2 48289 2 46921 48290 54473 60896 66002 70847

3 50459 3 46921 50460 57234 63958 69065 73910

4 52630 4 46921 52631 59996 67021 72127 76972

5 54801 5 46921 54802 62758 70083 75190 80035

6 56970 6 51000 56972 65520 73146 78253 83097

7 & 8 59143 68281 76209 81315 86161

9 & 10 71043 79271 84378 89224

11+ 73804 82335 87440 92286




1 46118 1 46921 46921 46119 51711 57833 62940 67784

2 48289 2 46921 48290 54473 60896 66002 70847

3 50459 3 46921 50460 57234 63958 69065 73910

4 52630 4 46921 52631 59996 67021 72127 76972

5 54801 5 46921 54802 62758 70083 75190 80035

6 56970 6 51000 56972 65520 73146 78253 83097

7 59143 68281 76209 81315 86161

8 & 9 71043 79271 84378 89224

10+ 73804 82335 87440 92286

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Schedule D3August 1, 2017- July 31, 2018



1 46579 1 47390 47390 46580 52228 58411 63569 68462

2 48772 2 47390 48773 55018 61505 66662 71555

3 50964 3 47390 50965 57806 64598 69756 74649

4 53156 4 47390 53157 60596 67691 72848 77742

5 55349 5 47390 55350 63386 70784 75942 80835

6 57540 6 51510 57542 66175 73877 79036 83928

7 59734 68964 76971 82128 87023

8 71753 80064 85222 90116

9+ 74542 83158 88314 93209




1 47278 1 48101 48101 47279 53011 59287 64523 69489

2 49504 2 48101 49505 55843 62428 67662 72628

3 51728 3 48101 51729 58673 65567 70802 75769

4 53953 4 48101 53954 61505 68706 73941 78908

5 56179 5 48101 56180 64337 71846 77081 82048

6 58403 6 52283 58405 67168 74985 80222 85187

7 60630 69998 78126 83360 88328

8 72829 81265 86500 91468

9+ 75660 84405 89639 94607

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Schedule D5July 31, 2019



1 47514 1 48342 48342 47515 53276 59583 64846 69836

2 49752 2 48342 49753 56122 62740 68000 72991

3 51987 3 48342 51988 58966 65895 71156 76148

4 54223 4 48342 54224 61813 69050 74311 79303

5 56460 5 48342 56461 64659 72205 77466 82458

6 58695 6 52544 58697 67504 75360 80623 85613

7 60933 70348 78517 83777 88770

8 73193 81671 86933 91925

9+ 76038 84827 90087 95080

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SCHEDULE E1August 1, 2015 - July 31, 2016

TEACHERS

(Base Rate) 50 or less $21,34551 - 100 $21,345 plus $120 for each teacher over 50 to a maximum of $27,663

101 - 200 $29,204201 - 350 $31,450351 - 500 $33,702501 - 650 $35,939651 - 800 $38,188801 - 1000 $40,439

1001 - 1200 $42,688Over 1200 $44,938

TEACHERSPrincipal schools with 1 - 5 teachers $5,956

schools with 6 – 15 teacher $5,956 plus $717 for each teacher in excess of five (5)schools with 16 – 30 teachers $13,129 plus $541 for each teacher in excess of fifteen (15)schools with 31 – 45 teachers $21,246 plus $109 for each teacher in excess of thirty (30)schools with 46+ teachers $22,863 plus $82 for each teacher in excess of forty-five (45)

Director No less than 70% of the base rate or $773 more than the Directorwould make if the Director were principal of the largest school inthe Director’s system, whichever is the greater.

Sub-System Supervisor No less than 75% of the base rate based upon the number ofteachers in area of responsibility.

Co-ordinator Same salary as a principal of a school with a minimum of 18teachers and a maximum of 30 teachers, depending on the numberunder the Co-ordinator’s jurisdiction.

Vice-Principal(s) 50% of the rate for the Principal of the School based upon thenumber of teachers in geographic area of responsibility.

Department Head orSystem Consultant

$563 for each full-time teacher in the department includingdepartment head maximum $5,640. For purposes of determiningthe equivalent number of full-time teachers, a teacher must teachmore than fifty percent (50%) of the teacher’s time in thedepartment.

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TEACHERS


101 - 200 $29,204201 - 350 $31,450351 - 500 $33,702501 - 650 $35,939651 - 800 $38,188801 - 1000 $40,439

1001 - 1200 $42,688Over 1200 $44,938









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TEACHERS


101 - 200 $29,496201 - 350 $31,765351 - 500 $34,039501 - 650 $36,298651 - 800 $38,570801 - 1000 $40,843

1001 - 1200 $43,115Over 1200 $45,387









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TEACHERS


101 - 200 $29,938201 - 350 $32,241351 - 500 $34,550501 - 650 $36,842651 - 800 $39,149801 - 1000 $41,456

1001 - 1200 $43,762Over 1200 $46,068









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SCHEDULE E5July 31, 2019

TEACHERS


101 - 200 $30,088201 - 350 $32,402351 - 500 $34,723501 - 650 $37,026651 - 800 $39,345801 - 1000 $41,663

1001 - 1200 $43,981Over 1200 $46,298



28 Article 40.05b of APPENDIX E, SUPERVISORY AND ADMINISTRATIVETIME, is amended by replacing “signing of this Agreement” with “coming into effect of this Agree-ment”.

2017, c. 1, Sch. A.







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SCHEDULE BCLASS SIZE GUIDELINES POLICY

The Department of Education and Early Childhood Development agrees to maintainthe existing class size guidelines for the 2017-18 and 2018-19 school years only.

The class size guidelines are:

1. Classes for grades Primary to Two are capped at 20 students, withflexibility. Creating combined classes or multi-age groupings areappropriate to meet this cap.

2. Classes for grades Three to Six are capped at 25 students, with flexi-bility. Creating combined classes or multi-age groupings are appro-priate to meet this cap.

3. Combined classes have multiple grade levels in one room. The capfor a combined class shall be the cap for the lowest grade level.

4. Class caps are applicable to both English and French Immersionclasses.

5. A class may exceed the class cap in the following circumstances:

• School Capacity—When, in order to meet the class size target,the creation of an additional class or classes is necessary and theschool does not have the space to accommodate the additionalclass(es), the class cap shall not apply.

• Exceptional Circumstances—The class size cap can beexceeded in exceptional circumstances in order to accommodateissues of class configuration or class composition.

When a class exceeds the class cap the school is to review the class size and the rea-sons therefore with their School Advisory Council.

Note that these caps shall apply on September 30th of the current school year. It isunderstood that there may be enrolment fluctuations throughout the year after thistime.

The Employer agrees that class caps apply to all classes, at the applicable level, in allSchool Boards.

Flexibility as per points 1. and 2. above is defined as not more than two (2) additionalstudents per class.

2017, c. 1, Sch. B.

__________

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teachers' professional agreement and classroom ... · 2 teachers’ professional agreement and...

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